Video and/or Audio Surveillance Equipment Requirements

The purpose of this correspondence is to review specific regulations regarding the use of video and/or audio surveillance equipment in nursing homes.

Nursing homes have the right to develop policy and procedures regarding the use or the non-use of video and/or audio surveillance equipment in any part of their facility including resident rooms. Written policies must adhere to established regulations, including 42 CFR §483.10(e) – F164, Privacy and Confidentiality and §483.15(a) – F241, Dignity.

The regulation at §483.10(b)(1) – F156, Notice of Rights and Services, further requires that the nursing home provider inform the resident, both orally and in writing, in a language that the resident understands, of his or her rights and all applicable rules and regulations governing resident conduct and responsibilities during the stay in the facility. The facility policies on camera use should specify how the resident and his family/representative would be informed, at admission and thereafter, regarding the installation, placement, and use of security cameras.

We acknowledge that most facilities are currently operating in compliance with the laws/regulations. This overview will serve to assist in the identification of areas where your facility may need to make changes.

Thank you for your continued efforts to maintain the health and safety of those who reside in nursing homes in New York State. If you have further questions, please contact the Bureau of Quality Assurance and Surveillance for Nursing Homes at (518) 408-1282.